Question 1

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

Accepted Answer

A) mediate the claim with the advertiser. 
B) bring an individual lawsuit against the advertiser in a state appellate court. 
C) bring an individual lawsuit in a U.S.District Court. 
D) become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed. 
A) mediate the claim with the advertiser. 
B) bring an individual lawsuit against the advertiser in a state appellate court. 
C) bring an individual lawsuit in a U.S.District Court. 
D) become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed. D

Question 2

After the plaintiff has presented her case,the defendant may be granted a:

Accepted Answer

A) directed verdict. 
B) summary judgment. 
C) judgment n.o.v. 
D) judgment on the pleadings. 
A) directed verdict. 
B) summary judgment. 
C) judgment n.o.v. 
D) judgment on the pleadings. A

Question 3

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

Accepted Answer

A) True 
 B)False  False

Question 4

The most accurate statement regarding appellate courts is:

Accepted Answer

A) appellate courts often hear new evidence and testimony. 
B) appellate courts generally accept the factual findings of the trial court. 
C) only the federal court system has appellate courts. 
D) appellate courts hear only criminal cases. 
A) appellate courts often hear new evidence and testimony. 
B) appellate courts generally accept the factual findings of the trial court. 
C) only the federal court system has appellate courts. 
D) appellate courts hear only criminal cases.

Question 5

Jane,a resident of Minnesota,is suing Arthur,an accountant,from Wisconsin,claiming that because of his poor advice,she lost $ 60,000.Jane has the option to bring the case to federal court.

Accepted Answer

A) True 
 B)False

Question 6

Advantages of Alternative Dispute Resolution (ADR)include:

Accepted Answer

A) ADR is faster than litigation. 
B) ADR keeps the parties talking rather than fighting. 
C) ADR is less expensive than litigation. 
D) All of the above are advantages of ADR. 
A) ADR is faster than litigation. 
B) ADR keeps the parties talking rather than fighting. 
C) ADR is less expensive than litigation. 
D) All of the above are advantages of ADR.

Question 7

Federal jurisdiction based upon a "federal question" includes cases based on:

Accepted Answer

A) the United States Constitution. 
B) a federal statute. 
C) an administrative agency4s decision. 
D) All of the above. 
A) the United States Constitution. 
B) a federal statute. 
C) an administrative agency4s decision. 
D) All of the above.

Question 8

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

Accepted Answer

A) an adversary system. 
B) a inquisitorial system. 
C) a state court of original jurisdicion. 
D) a mediation system. 
A) an adversary system. 
B) a inquisitorial system. 
C) a state court of original jurisdicion. 
D) a mediation system.

Question 9

A jury decision in a civil case:

Accepted Answer

A) must be unanimous. 
B) must be reached in the same day the case is heard. 
C) depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict. 
D) is achieved by informal deliberations. 
A) must be unanimous. 
B) must be reached in the same day the case is heard. 
C) depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict. 
D) is achieved by informal deliberations.

Question 10

When an appellate court hears a case,it may:

Accepted Answer

A) affirm the decision. 
B) reverse the decision. 
C) modify the decision. 
D) All the above are correct. 
A) affirm the decision. 
B) reverse the decision. 
C) modify the decision. 
D) All the above are correct.

Question 11

Arthur sued Benton Corp.for negligence,and a jury awarded him $1.2 million.Benton Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Benton Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Accepted Answer

A judgment NOV (non obstante veredicto o

Question 12

The decision issued by an arbitrator is binding upon the parties.

Accepted Answer

A) True 
 B)False

Question 13

What are the advantages and disadvantages of using arbitration rather than litigation?

Accepted Answer

the advantages of arbitration include us

Question 14

When the Supreme Court issues a writ of certiorari,that means that:

Accepted Answer

A) the Court overrules the Court of Appeal's decision. 
B) the Court states that it doesn't have jurisdiction over the case. 
C) the Court agrees to hear the case. 
D) the Court's decision is unanimous. 
A) the Court overrules the Court of Appeal's decision. 
B) the Court states that it doesn't have jurisdiction over the case. 
C) the Court agrees to hear the case. 
D) the Court's decision is unanimous.

Question 15

A United States district court is:

Accepted Answer

A) the primary federal trial court. 
B) an appellate court. 
C) a small claims court only. 
D) none of the above. 
A) the primary federal trial court. 
B) an appellate court. 
C) a small claims court only. 
D) none of the above.

Question 16

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

Accepted Answer

A) federal court in Idaho. 
B) state court in Idaho. 
C) federal court in Wyoming. 
D) federal court in Oregon. 
A) federal court in Idaho. 
B) state court in Idaho. 
C) federal court in Wyoming. 
D) federal court in Oregon.

Question 17

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 18

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

Accepted Answer

A) may not be decided by a federal court since it involves a state facility. 
B) must be decided by the state court where the inmate established residency before going to prison. 
C) is a federal question case over which the federal courts have jurisdiction. 
D) cannot be heard, as prisoners lose the right to sue. 
A) may not be decided by a federal court since it involves a state facility. 
B) must be decided by the state court where the inmate established residency before going to prison. 
C) is a federal question case over which the federal courts have jurisdiction. 
D) cannot be heard, as prisoners lose the right to sue.

Question 19

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 20

Briefly describe the process of jury selection.

Accepted Answer

the process of jury selection is called

Exam 3: Dispute Resolution

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

After the plaintiff has presented her case,the defendant may be granted a:

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

The most accurate statement regarding appellate courts is:

Jane,a resident of Minnesota,is suing Arthur,an accountant,from Wisconsin,claiming that because of his poor advice,she lost $ 60,000.Jane has the option to bring the case to federal court.

Advantages of Alternative Dispute Resolution (ADR)include:

Federal jurisdiction based upon a "federal question" includes cases based on:

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

A jury decision in a civil case:

When an appellate court hears a case,it may:

Arthur sued Benton Corp.for negligence,and a jury awarded him $1.2 million.Benton Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Benton Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

The decision issued by an arbitrator is binding upon the parties.

What are the advantages and disadvantages of using arbitration rather than litigation?

When the Supreme Court issues a writ of certiorari,that means that:

A United States district court is:

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

Emails and their attachments are not subject to pretrial discovery.

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

Primary methods of alternative dispute resolution include litigation and mediation.

Briefly describe the process of jury selection.

Introduction to Law

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Constitutional Law

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Introduction to Sales

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Creating a Negotiable Instrument

Liability for Negotiable Instruments

Liability for Negotiable Instruments: Banks and Their Customers

Secured Transactions

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Starting a Business: Llcs and Other Options

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